Police favour Labour says Brash

National Party leader Don Brash believes the police are biased in dealing with the Labour Party - a claim described as a "simply absurd allegation" by Prime Minister Helen Clark.

Dr Brash yesterday complained that police had not pursued three prima facie cases - against Prime Minister Helen Clark, Social Development Minister David Benson-Pope and most recently the Labour Party over its election pledge card - while in recent years two of his own MPs had been prosecuted.

"I am implying that there is a bias there, but I have no evidence to prove that political interference had an impact on the decision not to press charges," he said.

Labour leader Helen Clark dismissed the allegations.

"Dr Brash really needs to take some better advice about what a prima facie case is," she said.

"A prima facie case is not evidence of anything that will stand up in court and the police make routine decisions week in, week out about all sorts of people and organisations as to whether it is worth their time to bring a prosecution."

Earlier she told Newstalk ZB that the police must look at issues and weigh up what to do.

"Finding something as prima facie is a completely different matter from saying there's any evidence that would ever stand up in a court."

The police announced on Friday that none of the political parties investigated for alleged breaches of the law during last year's election campaign would be prosecuted.

Those included National, which admitted it breached the Broadcasting Act and spent more on TV and radio advertising than it should have.

Labour was the only party found to have a prima facie case against it, and Acting Deputy Commissioner Roger Carson said that meant there was a technical breach of the law but insufficient evidence to take the party to court.

Labour overspent the limit when the Electoral Commission ruled that money spent on Labour's pledge card funded through the Leader's fund should be counted.

Helen Clark said Labour had used the parliamentary funding in previous elections and never had it counted as election advertising until last year.

National MPs and supporters are angry Labour escaped a prosecution over spending and say it shows a pattern. Dr Brash said police found there was a prima facie case of forgery against Helen Clark over a painting she signed, against Mr Benson-Pope over allegations of assaulting students, and against Labour for breaching the Electoral Act by paying for its pledge card with taxpayer money and going over its spending limit.

During the same period, National MP Shane Ardern was taken to court for driving a tractor up the steps of Parliament and Nick Smith was taken to court for breaching Family Court confidentiality rules.

"I'm simply recounting incidents which have happened in the last few years ... I'm suggesting there are questions to be asked, and answered," he said.

Helen Clark said of the two National MPs taken to court in recent years, one - Shane Ardern - had charges dropped. In the other case Nick Smith was found guilty of contempt of court after a judge did not believe his evidence.

Professor Scott Optican, associate professor at Auckland University's Law Faculty, said of a prima facie case: "It's a standard so weak as to be quite meaningless."

PRIMA FACIE: WHAT IS IT?

* Prime Minister Helen Clark on Newstalk ZB - "Finding something as prima facie is a completely different matter from saying there's any evidence that would ever stand up in a court.

* The Concise Oxford Dictionary - defines prima facie as it applies to evidence as "based on the first impression".

* Simon Moore, Crown Solicitor for Auckland - "If the evidence is sufficiently strong to establish a prima facie case, the test for prima facie is: If the evidence is credible, could the tribunal, be it a jury or a judge, find guilt beyond a reasonable doubt?"

* Scott Optican, associate professor, Auckland University Faculty of Law - "A prima facie case means there is enough evidence so that a jury, instructed properly as to the law, could find on the facts that the defendant is guilty beyond a reasonable doubt."

* Gary Gotlieb, president of the Auckland District Law Society - "Prima facie means there is a sufficient case for the accused to answer. But the test for prima facie is far less than the test for reasonable doubt."

- NZPA